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Grandparents: the right to see their grandchildren
The law provides specific rights for grandparents, with the reform of March 5, 2007. Article 371-4 of the Civil Code specifies that “the child has the right to maintain personal relations with his ascendants”. So even if there are conflicts between parents and grandparents, it is the best interests of the child.
Visiting and accommodation rights of grandparents
Due to divorce or poor relationships between parents and grandparents, grandchildren may find it difficult to maintain a bond with their grandparents and grandmothers.
However, the right of visit allows the grandparents to receive the child during the day.
In the presence or not of the parents, at their homes or in a publicized place. In the latter case, these are places specially designed to accommodate families in conflict. These places are basically planned to maintain a link between the parents and the child, when the latter is the subject of a placement measure. But they can fulfill the same role between grandparents and grandchildren.
The right of accommodation, meanwhile, allows grandparents to invite their grandchildren to sleep.
Other more common rights: letters, emails, phone calls, the right of correspondence allow grandparents to interact with their grandchildren to keep in touch. They can also participate in the education of the children, provided, however, that they do not replace the parents.
If the grandparents live abroad If grandfather and grandmother live abroad, they can only exercise their visitation and accommodation rights at home if this does not harm the child. In any event, parents retain the right to oppose any exit from their child’s territory. |
Grandparents’ rights in the event of conflict
The grandparents can take over if the child cannot stay at the home of one of his parents, or worse, if the latter have lost parental authority. In this case, the grandparents may be given custody of the child. Role reversal: it is then the parents who enjoy visiting rights.
In the event of conflict between parents and grandparents, divorce or disputes between mother-in-law and daughter-in-law, or even deeper conflicts with his parents, the child becomes the center of discord. Often, a physical and moral estrangement ensues between the grandparents and the children. It is in this precise case that the law has established rights specific to protect the best interests of the child : “Only the interests of the child can stand in the way of the child’s right to see his grandparents”, specifies the law.
There are specific situations in which the family court judge (JAF) can prohibit the maintenance of grandchildren / grandparent relations: inability of grandparents to take care of grandchildren, refusal of children to see them, bad relationship between parents and grandparents, to such an extent that it may disturb the child.
What remedies for grandparents?
If any discussion is blocked, before considering legal action, favor an amicable settlement by calling on a family mediator. It’s always less traumatic than going before the judge. And who knows, you may be able to engage in dialogue and find common ground so that children don’t clink glasses and continue to have relationships on a regular basis.
Failing that, grandparents and grandmothers who feel aggrieved can refer the matter to the family affairs judge of the high court (TGI) of the children’s home. It is he who will rule, with the possible help of a preliminary social inquiry and at best, according to the will of the children, when they are old enough to express themselves. If a right of visit and accommodation is granted, it is the JAF which fixes the modalities.